NBASE COMMUNICATIONS v. AMERICAN NAT. BANK & TRUST

No. 96 C 7297.

8 F.Supp.2d 1071 (1998)

NBASE COMMUNICATIONS, INC., a Maryland corporation, Plaintiff, v. AMERICAN NATIONAL BANK & TRUST COMPANY OF CHICAGO, a national bank association, and State Farm Mutual Insurance Company, an Illinois insurance company, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

June 8, 1998.


Attorney(s) appearing for the Case

Michael B. Weininger, Gregory T. Diamond, Katz, Randall & Weinberg, Chicago, IL, for Plaintiff.

Brian Todd Garelli, Lord, Bissell & Brook, Chicago, IL, Dennis Andrew Marks, Thomas Charles Kaufmann, Teresa Christine Kopriva, Querrey & Harrow, Ltd., Chicago, IL, for Defendants.


MEMORANDUM OPINION

GRADY, District Judge.

The parties' cross motions for summary judgment are before the court. For the reasons explained below, both are denied.

BACKGROUND

It must be a rare occurrence for a payment, mistakenly sent to a wrong address, to reach a recipient who may have a legitimate claim to it. But such is the case here.

Plaintiff NBase Communications, Inc. ("NBase"), seeks restitution on a theory...

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